we will be back with more looks at the food bank and our big project there, and re local captioning sponsored by cbs >> o'donnell: tonight, the breaking news, the guilty verdicts in the january 6th seditious conspiracy tile, the most serious case to come out of the investigation into the assault on the u.s. cap -maarace courthouse. breaking news -- tornadoes reported in the south, and the warnings of strong violent twisters to come overnight with the millions of americans in the path of severe weather. world cup thriller -- the u.s. men's national team victory over iran. cbs's roxana saberi is in qatar. nationwide rail strike -- will republicans and democrats come together to avoid a work

stoppage just days before christmas? is it flu, covid or rsv? dr. jon lapook joins us on why so many people are getting sick and why it's important to test to know what virus you have. and cbs's david begnaud introduces us to a college band marching into grammy history. this is the "cbs evening news" with norah o'donnell, reporting from the nation's capital. >> o'donnell: good evening and thank you for joining us this busy tuesday night. breaking news out of the south where we have just learned that at least three tornadoes have touched down and nearly 20 million americans remain in the path of severe weather. plus, tonight, after that major victory for the u.s. men's soccer team, we're getting new details about the condition of star player christian pulisic, who was taken to the hospital after the game. we will have more on that in

just a moment. but first, we want to begin with that breaking news right hear in washington. a federal jury found oath keepers founder stewart rhodes guilty of seditious conspiracy. rhodes was convicted for his part in the violent january 6th assault on the capitol, and his failed plot to overturn the 2020 election. kelly meggs, another member of the far right group, was also found guilty of seditious conspiracy. three other codefendants were acquitted of seditious conspiracy but found guilty of other crimes related to the attack on the capitol. rhodes and meggs face up to 20 years in prison. cbs's scott macfarlane will start us off tonight from outside the u.s. district court from here in washington. good evening, scott. >> reporter: norah, it was a marathon two-month trial ended with three days of jury deliberations and the jury convicting the highest profile of the 900 capitol riot defendants so far. late today the jury delivered the stunning verdict, finding

stewart rhodes, the founder of the far right oath keepers and his codefendant kelly meggs of florida guilty of the rare charge of seditious conspiracy, plotting to block the peaceful transfer of power in america on january 6th. each now facing the prospect of 20 years in prison on the seditious conspiracy charge alone. during two months of testimony and presentations, prosecutors showed messages and images of the grope hatching a plan to equip themselves with tactical gear and stage guns outside the washington, d.c. city limits to mobilize if president trump invoked the insurrection act. in one message displayed at trial, rhodes said shortly after the 2020 election, we aren't getting through this without a fight. and ahead of this in instructions ahead of jilt --. we will stay fully armed and prepared to go in armed if we have to. so if ( bleep ) kicks off, you rock and roll. >> reporter: the justice department argued the five

defendants had a military stack formation to breech the capitol during the mob. rhodes the mightest profile figure took the stand in his own defense trial where he continues to argue the 2020 election was unconstitutional and that the group was equipped only to protect themselves against left wing an tarts. the other three defendants were found not guilty on the seditious conspiracy charge but were convicted of other federal counts including obstructing an official proceeding. one of the many witnesses at trial was u.s. police officer harold dunn who was in tears when he heard the verdict. >> o'donnell: breaking news in mississippi where at least three tompedz touched down, a massive storm system stretching from texas to south carolina is expected to produce heavy rains,

flood waters and hail the size of tennis balls. manuel bojorquez is in jackson, mississippi. >> reporter: severe thunderstorms record across the south bringing heavy rain and strong winds. the national weather service confirmed several tornados touched down in mississippi. so far no reports of damage but the storms are expected to continue through the night. the same weather system creating havoc in the south is dumping snow from colorado to the upper midwest. part of minnesota, wisconsin and michigan are bracing for a foot or more. the twin cities under a snow emergency, as the biggest snowfall of the season snarls traffic. while in the pacific northwest, another wnter storm is already blowing ashore, bringing wild weather to washington state bore moohch sthe cascade feet. >> and night falls here in mississippi, the potential danger goes up because you can't see them in the dark, nighttime tornadoes are two and a half

times more likely to be deadly. norah. >> o'donnell: manny bojorquez, thank you so much. we want to get more information on the continuing threat of tornadoes in the south. meteorologist mike bettes from our partners at the weather channel is tracking it all. good evening. >> reporter: norah, good evening. sever weather risk for the evening and overnight, a view of birmingham shows stormy skies p through the night, some could become severe, large hail, high winds, a tornado risk is quite significant. here's a look at the threat area highlighted in red, future radar overlaid on top of that through the evening. significant storms across the southern state and right through the night as well hitting places like nashville, huntsville, birmingham, montgomery, mobile, pensacola and atlanta for the early morning drive as well. the rain could be excessive as well. high risk for flooding across the south around hattiesburg, mobile and through there. high waters could be a factor

over the next 24 hours. >> o'donnell: mike bettes, thank you. now to the world cup the u.s. men's national soccer team advanced to the round of 16 upafter a thrilling victory over iran. for both countries, moor on the line in this high stakes match than just the final score. cbs's roxana saberi has the exciting details from qatar. >> reporter: with a header and sweep of the foot, the u.s. held on to its hopes that the world cup, defeating iran 1 to 0. >> defeated, going to the next round. >> reporter: christian pulisic was taken to the hospital after the game with an abdominal injury but posted this photosaying he'll be ready for the next game, while his team advanced to the next rounds of the tournament for the first time since 2014. >> u.s.a.! u.s.a.! that's a big game, man! i spoke to the coach and the players, i said, you can do this! they said, oh -- they did it, god love 'em.

>> reporter: kickoff with each side ignited by patriotism, passion -- >> of course, i'm supporting iran, yes. >> u.s.a. i will be sleeping separately tonight. >> reporter: and politicit-regit rocking iran, some iranian american fans opted to support the stars and scrapes. we don't think that this government represents the people at this time. that's why we are proud americans today. >> reporter: and inside, some held up signs spelling out mahsa amini, whose iranian police custody parked unrest and security appeared to intervene. mostly, people here tell us they came for the soccer. so u.s. plays the netherlands saturday. iran's team which stays competitive despite extraordinary precious back at home, has now been eliminated from this world cup. norah. >> o'donnell: what an exciting game, roxana saberi. thank you so much.

tonight, more republicans are speaking out against former president trump's mar-a-lago dinner with nick fuentes, a prominent white nationalist and holocaust denier, there as a guest of rapper kanye west. in the last 24 hours, former vice president mike pence, house leader kevin mccarthy and senate leader much mitch have all expressed criticism of that meeting. >> anyone meeting with peep advocating that point of view, in my judgment, are highly unlikely to ever be elected president of the united states. i felt former vice president pence said trump was wrong and should apologize for giving an anti-semite a seat at the table. here in washington, members of both parties in congress with vowing to avoid a nationwide rail strike that could potentially derail the u.s. economy. we get the latest from cbs's ed o'keefe. >> reporter: in his first

post-election meeting with top congressional leaders, president biden today said law,s need to put the brakes on a potential railroad strike. it's a tough call but we have to do it. >> reporter: a strike could start next friday, cost the u.s. economy at least $2 billion a day. the white house saying nearly 800,000 workers could lose their jobs within two weeks, among the many potential supply chain disruptions, shipments of coal, lumber, grain and some holiday gifts. gas station owners said it could make it hard to keep fuel in stock. a tentative deal was reached in september brokered by the white house. >> this agreement is a big win for america. >> reporter: but in recent weeks workers in four unions rejected the deal saying itdidnh leave. with talks at an impasse. mr. biden said he was forced to call on congress to step in. peter kennedy who represents one of the rail workers unions says he and his members are disappointed in the president who traditionally stood with

organized labor. >> i respectfully disagree with him and how he's doing this because he's taking away the members' right to strike. >> reporter: the current veto, 24% pay increase in five years and an additional paid day off, will now go before the house tomorrow. >> we must avoid a strike. jobs will be lost, even union jobs will be lost, water will not be safe, products will not be going to market -- >> reporter: by law, congress can vote to block rail worker strikes, and they've done so 18 times in the past, but this deal still has to go to the senate, where tonight bernie sanders is vowing to block it unless he get a vote on an amendment that would give railroad workers seven days paid live. >> o'donnell: thank you, ed. the senate has just taken an historic step passing legislation that would enshrine same-sex and interracial marriage right into law giving them federal protection. the vote to pass the respect for marriage act was bipartisan, 61

to 36, with several republicans joining every democrat in approving the bill. it now heads to the house where it's expected to pass as early as next week. we'll turn now to the health. officials nationwide are bracing for a post-thanksgiving summary of respiratory illnesses. family gatherings, malls, airports are a perfect breeding ground for the flu, covid, rsv. dr. lapook, so good to have you. so if you're sick, why is it important to test? >> reporter: it's important to know the diagnosis because it can affect the actual treatment for covid, for flu. there are specific drugs that can be given especially if you're at an increased risk of progressing to a more severe illness. there are things to know. for example, it's important to look for any evidence of trouble breathing especially in infants. for example, they can have protraction or pulling in of the

mu also of the neck wall or neck and that can mean the baby is working too hard tthe kneads to seen byoffici right . >> o'donnell: any difference between covid flu and rsv. >> reporter: you need testing. if you have access to covid testing at home, you can start there. there is no f.d.a. approved rapid test at home for rsv or flu. so let's say you have the covid test, it's negative, but you have symptoms, it could be a false negative. then you may want to go to a hospital, urgent care center, to your doctor, health professional, and they can do a pcr test that can look not just for covid but for rsv, flu and a lot of other things. it may not be covered by insurance so you may want to check on that. norah, i'll leave you with one thing, which iseth not too late to get an updated covid boother or a flu shot. >> o'donnell: good advice. folks in my family didn't have rsv, covid or the flu.

there's other stuff out there, too, right? in. >> reporter: adenoid virus and a bunch of stuff that can be tested for on the panel testing. >> o'donnell: good information. always good to see you, dr. lapook. thank you. tonight the 200,000 people on hawaii's big island aren alert. mauna loa's active volcano is erupting for the first time in 40 years, shooting lava as high as 200 feet in the air. right now, not threatening homes or businesses. air quality could quickly worsen from volcanic ash and flights could be disrupted. actor will smith sat down for his first interview since his oscar night flap of chris rock. he told trevor noah he understands how shocking that was for people. here's cbs's carter evans. >> welcome back. thank you sir. >> reporter: after staying mostly out of the spotlight since his oscar slap, will smith opened up to trevor noah.

>> you just never know what somebody is going through, and i was goin through something that night, you know. and not that that, you know, justifies my behavior at all. >> reporter: he didn't say what he was going through but he did allude to an abusive childhood. >> it was the little boy that watched his father beat up his mother, all of that just bubbled up in that moment. at the end of the day, i lost it. >> reporter: after smith got home, oscar guy, he said his 9-year-old nephew confronted him. >> he's on my lap, holding the oscar, and he's just, like, why did you hit that man, uncle will? >> reporter: do you think this interview helped the situation? >> i think in the end it send a kind of public note will smith probably wand. >> reporter: npr media analyst eric deggans is skeptical of the timing of the interview with will smith's upcoming film

emancipation. >> we heard about will smith but not much about what chris rock was going through. the victim was not will smith. >> reporter: smith apologized to rock in a video late july but critics said he needs to do more. >> there's a accepts he's being coddled through all this tour he's on which meanseth not much of a redemption tour. >> reporter: and there's no public comment yet from chris rock who made the joke about smithas wife jada on stage. there is some oscar buzz surrounding smith's new film, though. of course, the academy's banned him for attending the ceremonies for ten years. norah. >> o'donnell: carter evans, thank you. and we're learning more tonight about the dramatic rescue of a man who fell off a cruise ship and was just minutes from death, until the coast guard intervened. that story is next. and lost some weight.

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rescued, james grimes, was airlifted to a hospital where he is recovering from hypothermia. a national recall on sippy cups. what parents need to know.

>> o'donnell: there's important recall information tonight for parents. more than 10,000 sippy cups made by green sprouts have been recalled because of a risk of lead poisoning. the recall affects green spouts 6-ounce stainless steel sippy cups and straw cups and 8-ounce steel straw bottles sold at buy buy baby, whole foods and amazon through september of this year. making music and history, the story of the tennessee state university marching band is next. get a payroll tax refund, even if you got ppp and it only takes eight minutes to qualify. i went on their website, uploaded everything, and i was blown away by what they could do. getrefunds.com has helped businesses get over a billion dollars

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or if you've had a vaccine or plan to. tell your doctor if your crohn's disease symptoms... develop or worsen. serious allergic reactions may occur. watch me. ask your rheumatologist about cosentyx. >> o'donnell: finally tonight, cbs's david begnaud has a story that will bring music to your ears, as a band marches into history. ♪♪ >> reporter: have you ever heard a marching band sound like this? ♪♪ tennessee state university's marching band known as the aristocrat of bands teamed up with some of gospel's biggest stars ♪♪ they created a soulful sound. on their debut album, the urban hymnal -- ♪♪ -- 21-year-old senior curtis olawumi called it monumental. what's your sound in the revival

song? ♪♪ in a sense, you're marrying two of the most iconic things in the african-american culture. >> that's right. e gospel music, the gospel church and hbcu bands, perfect marriage. >> reporter: this was the moment the t.s.u. band submitted the music for grammy consideration. they are now the first college marching band to compete for best roots gospel album. so you think you've arrived, or you've got to keep going? >> no, this is only the beginning. there is no telling what's about to happen. >> reporter: making records and setting them. ♪♪ david begnaud, cbs news, nashville. >> o'donnell: that is great. i kind of hope they win. that the tonight's "cbs evening news," and we want to leave you with the empire state building lit up in red, white and blue in honor of team u.s.a.'s major

win. i'm norah o'donnell. good night. >> judge judy: the arrangement was that you would live there rent free. >> announcer: staying with her old friend paid off. >> judge judy: at some point, you moved your boyfriend in a few days a week. >> no, your honor. >> he was there every night of the week. >> judge judy: and then there was an argument. >> announcer: now her free ride is over. >> judge judy: she said, "if you don't like the rules, get out." she's absolutely right. she kicked you out. >> exactly. she kicked me out. that's illegal. and i just won't allow it. >> announcer: "judge judy." you are about to enter the courtroom you are about to enter the courtroom of judge judith sheindlin. captions paid for by cbs television distribution 21-yead ra b suing her ex-roommate, d her mother, vonda, for aer, loan, stolen and damaged property, lost wages, moving costs, and an illegal lockout. >> byrd: order! all rise!

this is case number 558 on the calendar on the matter of bunkley vs. butler. >> judge judy: thank you. >> byrd: you're welcome. parties have been sworn in. you may be seated. sir, have a seat. >> judge judy: ms. bunkley, how long have you and ms. butler been friends? >> 10 years. >> judge judy: how old are you? >> 21. >> judge judy: how old are you? >> 20. >> judge judy: ms. butler inherited a house from her father. it's a two-bedroom house. >> yes, ma'am. >> judge judy: and at that time, where were you living? >> at that time, i was living in an apartment close to campus in spartanburg called campus evolution. >> judge judy: and who was paying the rent on that apartment? >> i was. >> judge judy: and how much were you paying? >> $539 a month. >> judge judy: so, when ms. butler inherited this house, she invited you to come and live with her. >> yes. >> judge judy: and the arrangement was that you would live there rent free but that you would split the expenses of the house. >> yes. >> judge judy: the utilities, the taxes, and that turned out to be how much a month? >> with utilities... with it being cold in the house, the light was about $100. >> judge judy: you moved into the house when?